Text
A defendant shall be punished by imprisonment for six months.
However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.
Reasons
Punishment of the crime
On June 19, 2014, the Defendant, without obtaining a driver’s license at around 23:15, driven a B EF rocketing or other car at a distance of about 50 meters from the front side of the “good-gu,” which is in the parallel of Pyeongtaek-si with a blood alcohol level of 0.124% to the front side of the Song Central Twit-si in the same Dong.
Summary of Evidence
1. Defendant's legal statement;
1. Statement on the circumstances of the driver, report on the detection of the driver, and report on the driver;
1. The driver's license ledger;
1. Previous records: Application of criminal records, etc. and other Acts and subordinate statutes;
1. Relevant Article of the Act on the Crime, Articles 148-2 (2) 2, 44 (1) of the Road Traffic Act (the point of a sound driving) and Articles 152 subparagraph 1, and 43 of the Road Traffic Act (the point of a without a license driving) concerning the selection of criminal facts;
1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;
1. Selection of imprisonment with prison labor chosen;
1. Article 62 (1) of the Criminal Act;
1. The reasons for sentencing under Article 62-2 of the Criminal Act include that the defendant drives a motor vehicle without a driver's license in the same drinking condition and without a driver's license, even though the defendant had been six times the same driving skills, the crime liability is unlimited. However, the defendant seems to have the attitude to recognize the facts charged in this case and to reflect his mistake, again, the defendant has the intention not to drive a motor vehicle under the influence of alcohol, there is no record of punishment higher than the fine, and other various circumstances shown in the records, such as the defendant's age, character and behavior, family environment, etc.